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(영문) 대구지방법원 포항지원 2018.08.22 2018고정120
무고
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2017, the Defendant drafted a false complaint with respect to B using a tamp-shaped pentle, with the aim of having B receive criminal punishment from the police station south-gu, Nam-gu, Nam-gu, 55, South-gu, South-gu, South-west, South-gu, 2017.

The statement of the complaint states, "The defendant B, on December 3, 2016, using the check card which was requested to temporarily keep by the complainants on the arrest of the complainants on the unpaid fine on December 3, 2016, and obtained a total of 5,410,000 won through 18 times from December 6, 2016 to January 6, 2017." The facts are as follows: "The defendant B, who was the complainants, obtained a total of 5,10,000 won by deceptions around December 3, 2016."

C At the request of B for the operation of C, the use of the physical card was permitted and the password was known. Therefore, B did not have used the Defendant's physical card at will without the Defendant's permission.

Nevertheless, on June 27, 2017, the defendant submitted the above complaint to the public service center of the above police station, and to the police officer whose name is unknown.

In this respect, the defendant had not been punished against B for the purpose of having B receive criminal punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the prosecution against the defendant;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against the defendant;

1. Investigation report (D telephone statement), investigation report (E telephone statement), investigation report (F telephone statement), investigation report (Revocation of complaint), investigation report (informationless conversation in recording statement), investigation report (information detection in recording statement), investigation report (a person who has filed a complaint and a person who has refused to appear);

1. Answer to whether or not to issue letters, meetings recording files, meeting CCTV images, and correspondences with the reduction of capital;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 156 of the Criminal Act concerning the facts constituting an offense, Article 156 of the Criminal Act selecting a fine, and the choice of

1. Article 157, 153, and 55 of the Criminal Act (Confession) 6 of the said Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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